PREM CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) This is an appeal against the judgment of the High Court wherein the High Court has awarded the land acquisition compensation @ Rs. 39,300/- per bigha. The High Court relied on its earlier judgment without citing the same wherein it had fixed the land acquisition compensation @ Rs. 34,150/- per bigha in respect of the Notification under Section 4 of the Land Acquisition Act dated 19.08.1976. On that basis, the High Court, considering the difference of 1-1/2 years, enhanced the amount at the rate of 10 per cent per year and thus granted compensation @ Rs. 39,300/- per bigha.

(3.) The concerned lands are from village Dallupura which have been acquired by the Notification under Section 4 of the Land Acquisition Act dated 22.03.1978 which ripened into the Notification under Section 6 dated 27.09.1978. The High Court, however, specifically ordered that the appellants would not be entitled to the benefit under Section 23(1A) of the Land Acquisition Act (hereafter 'the Act').